Two key conservatives blast immigration plan

Eric Schmitt, New York Times

Published 4:00 am, Sunday, June 2, 2002

Two leading conservatives have joined a chorus of police officials and immigrant rights advocates in opposing a Justice Department proposal to allow state and local law enforcement agencies to track down illegal immigrants as a way to fight terrorism.

"If local police are to enforce our immigration laws, will they soon be required to seek out and apprehend those who violate our environmental laws, or the Americans with Disabilities Act as well?" the letter said.

The letter was also signed by Raymond Flynn, a former ambassador to the Vatican who now leads the Catholic Alliance, a national Roman Catholic political organization.

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A White House spokesman, Scott McClellan, said that aides had not seen the letter and that it was premature to speculate on the outcome of the Justice Department proposal.

If adopted, the proposal would allow local police officers to make arrests for civil violations of immigration law, like overstaying visas.

A 1996 opinion by the office of legal counsel at the Justice Department precluded local officers from tracking down illegal immigrants, and a draft memorandum last November by the same office supported that conclusion. Federal agents of the Immigration and Naturalization Service typically handle such cases.

Many police departments have voiced concern that the department proposal would jeopardize their relations with immigrants, who would be less willing to report crimes.

The proposal has exposed a rare rift between department officials and White House aides, who previously have supported Ashcroft's aggressive efforts to combat terrorism after the Sept. 11 attacks.

Some White House aides say that unless modified, the proposal could lead to racial profiling and lawsuits resulting from police abuses, as well as strain relations with Latin American nations and alienate Latino voters, whom Republicans are courting for the midterm elections in November.

In their letter, Keene, Norquist and Flynn wrote that the proposal would strain already overburdened police departments and create unnecessary policies.

"This is not just bad policy, it is not really needed," they said. "Mechanisms already exist to foster federal/local cooperation in this area."